Research On The Legal Regulation Of Road Traffic Control Sanctions And Measurement Powers

With the improvement of our country’s comprehensive strength,modern vehicles which represented by automobiles have developed rapidly.The rapid increase in the number of cars has led to an increasing road traffic management affairs in our country.In this situation,road traffic control measures are widely adopted in traffic law enforcement by virtue of their convenient procedures and significant effects.When deciding whether to implement and what type of road traffic control measures to implement,the law enforcement agency has certain discretion,it has the authority to decide whether to implement it,when and where it is implemented within the scope of its powers under the authorization of laws and regulations.What extent of the power of road traffic control.However,the rapid development in practice cannot conceal the flaws in the system of road traffic control sanctions and the abuse in practice.At the legislative level,the implementation of road traffic control is not clear,the implementation procedures are not perfect,and the supervision and relief mechanisms are lacking.There is a willful "space" for road traffic control sanctions and measurement rights.In practice,the lack of "right-based" awareness in the implementation of road traffic control sanctions and measurement rights and excessive abuse are also problems that cannot be ignored,which have caused great infringements on the legitimate rights and interests of citizens.Therefore,strictly regulating the discretionary power of road traffic control is not only conducive to protecting the legitimate rights and interests of citizens,but also constraining administrative agencies to exercise discretionary powers cautiously,so as to protect greater public interests with smaller losses.Based on the above problems,this article is dedicated to clarify the basic theory and development context of road traffic management sanctions and measurement rights,and combined with the actual situation of our country,put forward the basic conception of road traffic management sanctions and measurement rights legal regulation,and put forward corresponding reasonable suggestions.This article is divided into four parts: The first part compares and analyzes the concepts of road traffic control sanctions and measures power and administrative discretion and traffic control,defines the nature of road traffic control sanctions and measures power,and introduces in detail on this basis and the theoretical basis of road traffic control sanctions and measurement rights.The second part discusses the current deficiencies in the legislation and implementation of road traffic management sanctions and powers,including imperfect legislation,lack of procedures,serious "power-based" thinking in the implementation process,failure of traditional relief measures,and lack of damage to the legitimate rights and interests of citizens compensation.The third part focuses on solving the above-mentioned problems,reasonably regulates the legal regulation of road traffic management sanctions,and establishes the goal orientation and basic principles of legal regulation.The fourth part is to propose a regulatory plan for road traffic management sanctions abuse of power under the guidance of the basic principles of the corresponding administrative law,and through the combination of entities and procedures,to substantively improve the corresponding legislation,establish the administrative agency self-control mechanism,and improve the administrative remedy Mechanism;in terms of procedures,refer to other administrative law enforcement actions to establish procedural mechanisms such as notification,hearing,and supervision,to strengthen the counter party’s right to know and participate in the field of road traffic control,and provide for the practice of my country’s future road traffic control,sanctions,and measurement rights.